The Maine Principals’ Association (MPA) has made the decision to allow transgender athletes to continue participating in girls and women’s sports in accordance with state law, specifically the Maine Human Rights Act, which prohibits discrimination based on gender identity. This decision comes in the wake of President Donald Trump signing an executive order titled “Keeping Men Out of Women’s Sports,” which is facing legal challenges, including a lawsuit in New Hampshire.
Michael McCann, the director of the Sports Law Institute at the University of New Hampshire, highlighted the key constitutional argument surrounding Title IX, which prohibits sex-based discrimination in federally funded education programs. The question arises whether Title IX protects trans athletes based on their identified sex or if opportunities should be based on sex assigned at birth, as argued by Trump and others.
The executive order issued by Trump reverses Title IX guidance put in place by the Biden administration and directs federal agencies to review programs that fail to comply with these regulations. McCann emphasized that organizations could face pressure to adhere to the order, even if they do not directly receive federal funds.
Despite the legal complexities associated with executive orders, McCann stressed the importance of considering the interests of young athletes who simply want to participate in sports. As the issue continues to unfold, it is expected that there will be further legal challenges and pushback against the executive order.
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